STATE OF U.P. & ORS. versus VIRENDRA KUMAR & ORS.

STATE OF U.P. & ORS. versus VIRENDRA KUMAR & ORS.

The power to determine conditions of service of officers and servants of the Board (other than the Housing Commissioner) vests in the Board and is to be exercised by framing Regulations under Section 95(1)(f) of the 1965 Act; the State Government, however, has rule-making power under Section 94(2)(nn) to frame Rules on any matter for which the Board may make Regulations, and where Rules so made are inconsistent with Board Regulations the Rules prevail and the inconsistent provisions of the Regulations are void; accordingly the Court upheld State of U.P. v. Preetam Singh with the modification that the State can always exercise powers under Section 94(nn) to determine conditions of service...

Parties
Appellant: State of U.P. & Ors.; Respondent: Virendra Kumar & Ors.
Jurisdiction
India
Judgment Date
25 November 2022
Procedural Posture
Civil Appeal / Reference to Larger Bench; Final Judgment Disposing Appeals
Outcome
Appeals disposed; decision in State of U.P. v. Preetam Singh upheld with modification; impugned High Court judgment modified in part.
Legal Topics
Rule Making Vs Regulation, Control of State Over Statutory Bodies, Conditions of Service, Pension Scheme Implementation, Pay Fixation and Arrears
Administrative Law Statutory Interpretation Labour and Employment Public Corporations Law Pension Law Rule Making Vs Regulation Control of State Over Statutory Bodies Conditions of Service +2 more

Case Brief

Summary, issues, holding and outcome

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Parties

State of U.P. & Ors.

Appellant

Virendra Kumar & Ors.

Respondent

Procedural Posture

Civil Appeal / Reference to Larger Bench; Final Judgment Disposing Appeals

Legal Issues

  1. 1 Whether conditions of service of officers and employees constitute functions of the U.P. Avas Evam Vikas Parishad (Board) (questions framed in reference).
  2. 2 Whether functions of the Board are confined to those enumerated in Section 15 of the 1965 Act and whether service conditions fall within those functions.
  3. 3 Whether the State Government had jurisdiction to issue directions regarding service conditions of officers and employees of the Board under the 1965 Act and the 1975 Act and other enabling powers.

Ratio Decidendi

The power to determine conditions of service of officers and servants of the Board (other than the Housing Commissioner) vests in the Board and is to be exercised by framing Regulations under Section 95(1)(f) of the 1965 Act; the State Government, however, has rule-making power under Section 94(2)(nn) to frame Rules on any matter for which the Board may make Regulations, and where Rules so made are inconsistent with Board Regulations the Rules prevail and the inconsistent provisions of the Regulations are void; accordingly the Court upheld State of U.P. v. Preetam Singh with the modification that the State can always exercise powers under Section 94(nn) to determine conditions of service...

Court Disposition

Appeals disposed; decision in State of U.P. v. Preetam Singh upheld with modification; impugned High Court judgment modified in part.

Orders

  • The decision in Preetam Singh is upheld with modification that the State Government may exercise powers under Section 94(2)(nn) of the 1965 Act to determine conditions of service of officers (other than the Housing Commissioner) and employees; Rules so made will prevail over inconsistent Board Regulations.
  • All officers and employees of the Board who had not received benefits under the old scheme till 7 September 2012 and who retired on or after 1 January 2006 shall be entitled to benefit of the new pension scheme as per the Board notification dated 19 May 2009, if otherwise eligible; officers and employees appointed...